tv On the Record With Greta Van Susteren FOX News May 29, 2014 11:00pm-12:01am PDT
she loses because she's for barack obama. >> thank you for being with us. that's all the time we have left this evening. thank you for being with us. we'll see you back here on monday. thanks for being with us. iew wie u.s. marine jailed in mexico only right here. only on the record. >> i made one turn out of the parking lot but it looped around and took me back south of mexico. the mexican check point, i told them i said i have all my stuff back here plus i have three guns. i told them i said hey, take everything youle3ml want, please let me go back to america. i was punked in the stomach a few times. to the point where i couldn't breathe. i was gasping for air. i was struck in the face a bunch of times with open palm. >> who was hitting you you? >> it was done by guards. i didn't mean to be in mexico. it was an accident.
>> u.s. marine sergeant andrew tahmooressi calls it an accident. a big accident. so how did a wrong turn at the border land him in a mexican prison in the marine tells us exactly what happened on that fateful night. what time did you the tijuana area? >> march 31st i arrived sometime in the early afternoon. probably, maybe around noon or 1:00. >> and what did you do? what was the plan for the day and what did you do? >> well, i crossed oveáh the border i seen this big arch there. so i said well, this are probably some -- something to do where this big arch is. it looks like the -- you know, the arch in st. louis,
missouri? i went around. looked at the shops. i checked in a hotel over there. because i was thinking to stay the night. and i i ate at a restaurant. i walked around little more. and kind of explored a little bit i checked out of the hotel because the hotel wasn't very nice. it was dark and gloomy and dirty. so i was like oh, forget this. i didn't really like what i seen in tijuana that much anyway with all the authorities and things. i didn't feel very safe or comfortable there so i decided to head back to the united states. >> i got in my truck and around by 10:00 at night, made a wrong turn that took me into mexico. >> all right. now, and i have been down
there. i have saw where you walk across the border and returned. when you came back at 10:00 at night. i take it it was dark. am i right? 10:00 at night? >> yes. >> have you ever parked in that parking lot before? >> yeah i parked one time in the parking lot before. but it was late at night. wifs a friend and he was driving and when we were coming back, i had been drinking. so i wasn't -- i didn't have all my senses there. >> so you pulled out of the parking lot. and you crossed one lane of traffic so he turned left on the road and turned left again right away; is that right? >> yes. i made one left-hand turn out of the parking lot across the lane of traffic and made another left into on to that on ramp that that i thought went north to san diego and it looped around and took me south of mexico.atvz
>> ramp was to your left as you noted. likewise to your left? >> yes. that's correct. >> and so then you swoop around down beneath the ramp and then you are at the mexican check point; is that right? >> yes. that's right. had you ever driven that before? >> no. i had never driven that part on to the onramp. i had driven the straight part that goes into mexico. i had never driven on that on ramp before. >> what happened when you approached the mexican check point? >> >> well, okay, i get to the mexican check point where there is a gate. i get a green light but i waved to the lady two lanes sitting to my left who is an officer and i waved to her to tell her hey, i don't
want to be in mexico. but she waived to me like come on,b)÷qv let's go, let's g. i was like okay, i will go. there was three officers standing by inspection table to waived me in. so i go ahead and i drive. i'm just obeying orders at thisí>g. park my truck and i get out and they ask me what is all this stuff you have back here? because i had all my possessions in my truck minus my motorcycle that i left at my friend's house in ocean beep. i said you will i have all my stuff back here plus i have three guns. but i didn't mean to be in mexico. it was an accident and there was no place to do a u-turn. he says okay. show me where the guns are. so we walk around the back of the truck. and i point to the door. i said i have two guns in here and one is in the front seat. i point them out.
he sees the guns. he puts them back inside the truck just the two in the rear. and he tells me that he is going to get an escort vehicle for me to take me back to the american border. so, i'm like okay, that will be good. thank you. then the border police officer then drives my truck into a different parking area and i walk to my truck and then they take all my guns out and put them on the tailgate of my truck with all the ammunition that i pointed out and put them in the back of my truck. and then they get on a walkie-talkie and tell the word up through their higher. an officer, military officer comes with two bars, two silver bars on the collar. he comes and then he took charge from there and didn't really seem to care about
the story at all but just found me guilty from the beginning of a crime they didn't have a translator there either. they had a woman who barely spoke english translating. they were threatening to take my guns, take my truck and take all my possessions. i told them i said hey, take everything you want. just please let me go back to america. they put me under arrest and that was pretty much it. >> what was your behavior like. were you respectful or did you get angry with them? what was your demeanor? >> in the beginning i was respectful. i was tired. i was annoyed. i got annoyed a little bit. i did not like his demeanor, you know, very much. i was frustrated a little bit annoyed and tired a little bit cranky you could
say. i was respectful the whole time. >> did you mouth off to them at all? >> oh, no, no. i never mouthed off at all. >> at what point did you make the 911 call, was that before the military officer arrived or after? >> that was after the military officer arrived. >> and then was he there when you made the phone call? >> yes, he was. they were trying to get me off the cell phone but i wouldn't allow it i felt like i was in danger. it didn't -- the people -- it didn't seem very good. it people and you could say the energy there they were giving off their demeanor was very fishy to me. i didn't feel very safe. >> did you ever intend to drive into mexico? snorks i never intended tobcd drive in mexico.
not that night. no. >> did anyone speak english with you besides the broken english? did anyone assist new communicating with the border? >> yes. there was the first police officer that asked me what i had in my truck at the inspection table. he spoke pretty decent english. he was the one who told me they were going to get an escort vehicle to take me back to the border to the american border. >> so what do you think happened between the offer to get the escort vehicle and the military officer showing up? >> basically i think what happened was he got on the walkie-talkie and communicating what was going on. we have got a guy down here with three guns came with the military officer marching and like he was a man on a mission to get the
job done. and then he just took control from there, the military officer. and he didn't seem to care at all about anything of what i had to say my story at all it was like a math equation in his head, three guns, man equals prison you know. >> what kind are they and where did you get them? >> about one when i was 18 years old. before i made a trip to alaska. i wanted to have a shotgun for protection for wildlife or whatever. it was -- it's a 12 gauge pump shotgun. have a -- vanelli nova i believe it's called. then i bought my rifle in
wilmington when i was visiting my girlfriend. i bought that one maybe six months after i got out of marine corps. and that one was i believe it's like an m 6. assault rifle. kind of like -- m 2 -- i bought i bought the 45 caliber pistol when i was living in daytona. i traded in a 9-millimeter pistol. solo carry for that one and i paid an extra $250 to get this 45 caliber 1911.
>> were you lawfully in possession of those guns in the united states? >> was i -- sorry, what? >> did you have a license? did you have all the right paperwork or anything you needed so that you were lawfully able to carry those weapons? >> yes, i was lawfully able to. >> okay. >> although i didn't -- at the time i didn'tz2#+ know where my paperwork was in the truck at the time. little nervous to go looking for it with all the military officials with rifles. >> i have actually seen the paperwork the receipts for the guns. i was trying to figure out what you remembered. now, after the did they handcuff you at the border? >> yes, they did. >> so tell me, tell me what happened from the point you were handcuffed? what did they do with you?
>> they told me i was going to have to go to prison and took me in this holding building where i sat for a couple hours or so. then they handcuffed me, they told me first that i was going to have to go see a doctor. they handcuffed me behind my back and put me in a police truck and drove me about 5 to 10 minutes to go see a doctor to get me checked out. i had to sign some paperwork and then they took me back to the holding building back at the border3>1r and then they uncuffed me and sat me downxu4?h and made me wait for a little bit longer and then made me sign some more paperwork and made me wait a little longer. i'm sorry, go ahead. >> then did you go see some prosecutor or something or some judge? >> no. they took me -- after that it was around 6:30 in the morning when they took me to
a prison had lawyers picked out until the legal process started. >> you'll hear more from sergeant tahmooressi in just minutes. he goes "on the record" about his legal battle and the deplorable conditions he has endured in that mexican prison. but, first, florida attorney general pam bondi from the marine's home state following this case from the beginning. pam, your thoughts after listening to the first part of our interview with sergeant tahmooressi? >> yes, did i. i got to hear that greta. you know, my heart goes out to him. hel6g)> is a united states marine, a sergeant who has ught two tours of duty for us in afghanistan. if he is over there fighting for us. we are going to be fighting for him. that's what you have and fox news have been doing. thank you. >> how is it that you got
involved in this. i know you have spoken to the mother. how did you get involved in this. >> i heard about it from fox from you. total coincidence. i was, in late spring, in mexico sitting in jesus office the attorney general for the entire country of mexico. we picked up the phone quietly, called asues karam he and his team have been extremely cooperative with us. my concern is that we have a u.s. marine. once you see jill on tv and i spoken to jill. it breaks your heart. all of us have an obligation to let nothing happen to that marine. the general's office, his team have been very helpful. they sent us pictures. they sent me multiple pictures to show me that he was safe. they allowed me to share those pictures with you, in fact.
so they have been extremely helpful. is he a floridian and his mother is a floridian. we are going to do everything we can to help you get him out thereof. >> before you became a.g. of florida you were a prosecutor down in florida. the thing that always slaves me about this process is if it happened in the united states, you would bring -- first of all you would get bond. the second thing is i would bring the videotape to a prosecutor and show a prosecutor and that prosecutor would, i assume, exercise prosecutorial discretion and make a determination whether or not this s45u be tossed out or not. is there any way to accelerate this process so it does move faster in mexico? >> no, i have not. and i have been talking to them with that. in mexico, the judge has a great amount of authority. the judge presiding over this case. and i believe now -- i know, you know, andrew, i believe is going to have a new attorney soon. and i think that that new
attorney will do his very best to expedite this. and i think that's all of our ultimate goal. we want to get him out of that country and back to the united states where he belongs. >> attorney general pam bondi. stay on. we are going to talk about that and much more. up next, hear much more from the marine jailed in mexico. the interview that is only here "on the record." what really happened inside that mexican courtroom and when does sergeant tahmooressi think he will be freed? he is going to tell you next. also, the video that is exploding all over social media you have to see it to believe it. a father caught on camera ordering his fifth grade son to beat up another child. the latest on the shocking story behind thisuym1 up.o coming honestly, the off-season isn't really off for me. i've got a lot to do. that's why i got my surface. it's great for watching game film and drawing up plays. it's got onenote, so i can stay on top of my to-do list,
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accomplished because my new lawyer ohio just assigned yesterday wasn't there with me. he wanted to postpone the date to get the file all in order so i met the judge that was pretty much about it. they said they are going to get back with me when they schedule the men's courto40 date. >> do you have any sense of certainty? are you just sort of sitting there every day passing the day, wondering what's going to happen? some days yes. and other days i try not to think about it too much but just try to relax and know that it's all going to be taken care &iqy >> all right so now you you are in this new prison. you have in between lawyers. a public defender defending you. have you given any consideration to how long you might be there?
i thought about it. i hope it's not going to be much longer. people prison guards, they believe that it's not going to be much longer. >> like what's not much longer for you? >> i'm hoping a month i will be out of here. that will be great. within a month. that will bey if you don't get out within a month you can get beyond that. >> oh sure. i don't want to. it's going to be sad and lonely but, i didn't, i can take more time beyond that. >> and we're back with more attorney general pam bondy. pam, do you know anything about the mexican constitution? >> i do,o and let me tell you, andrew, if he can hear me, his mother jill is going -- it's so heartening to hear him so positive. that's a u.s. marine jill
his mom, a nurse is very proud of him i'm sure. article 10 of the mexican constitution, they have extremely stringent gun laws. let me give you an example. if florida department of law enforcement sworn law officers in florida wanted to go to mexico. they -- sworn law enforcement officers could not even bring their guns into mexico however, what gives us great hope is in article 10 of the constitution in mexico, it talks about absent exculpatory factors. can you face exstream sentences and fines. now, here's what is giving us hope. i'm going to read. this mexican federal code allows for the absence of intent to be used as exculpatory evidence to any possible penalty let me give a shut out to my friend duncan hunter. i really believe that that
could establish clearly that this was an accident and he did note firearms into mexico. and you establish that greta by driving there. i have a friend who is from california. he has driven in that exit legally about six times and he is almost disentlely almost driven it as well. i wondered by he had guns in the car. tomorrow night have an interview with another marine with whom sergeant tahmooressi was staying in san diego and he will explain why the guns were even in the car. not going to tell what you it is now. he had been in mexico all day long and park on u.s. side and you walk into mexico and you party and do whatever you do. you walk back to the u.s. side. get in your car and then leave. so why we he want to go back to mexico? he had already been there. so there is so many things that mitigate against an
intent to be in mexico. >> exactly. that's what article 10 allows. it allows for exculpatory evidence. if that's not exculpatory evidence, i don't know what is. >> attorney general pam bondi thank you very much. i'm sure you are going to stay on top of this and we are too. thank you. >> thank you, greta. >> and handcuffed to a bed, punched, slapped and threatened with death. a u.s. marine describes the terrifying prison conditions in mexico. more of our interview you will only see right this allergy season, will you be a sound sleeper, or... a mouth breather? well, put on a breathe right strip and instantly open your nose up to 38% more than allergy medicines alone. so you can breathe and sleep. shut your mouth and sleep right. breathe right.
it's the interview you will only see right here. the u.s. marine in mexico goes "on the record" about the conditions he endured in a mexican prison. >> i spokes to mark pedloski. you know who he is, right? >> yes, yes. is he a very good friend of mine. >> very good friend. now, he told me that things were really tough for you in prison. >> he had ptsd before. he is going to have a whole new case of ptsd after being
stripped naked and chained to a bed. >> when i first got there, they put me in a cell with maybe like 15 other people and they were threatening me like threatening -- indirectly threatening me to kill me and rape me i told them that i was very fearful and that i felt -- you know, i was very alone. it wasor#bñ all these dudes against me. and that i was so afraid that i couldn't even like my heart was pounding so hard that i couldn't even get a word out if i had to yell for help, i couldn't get anything out of me. and that when around 8:00 came around that p.m., it was time to go make phone calls. and i went outside to make a phone call and i called my mom and my mom prayed for me
over the phone. i asked her to pray for me. that gave me strength to try to escape because i thought that if i had went back into that my cell that night that something -- i was going to get raped and killed. and i didn't believe that telling the officers was going to help me at all. i had to help for help previously to make a phone call to the american con slot, you know and begging them and they seemed tobhqp not really care and just say be quiet. i didn't think any help was going to come and i thought that was my only way out and i decided to try to run away. i knew if i ran away and if i didn't get -- you know, if i didn't get away from the prison, that they would take me be safe, feel safer.
i heard there was a point where you were chained to a bed. did that ever happen? >> yes. that happened a few times. the night i escaped when they got me on their custody they stripped me of their clothes and then they handcuffed me, my hands to a bed post and my feet to a bed post. so i was kind of stuck there standing overnight. >> standing overnight or lying down? >> i was stuck there standing overnight. but then i imagined to get on my knees i went to it
laying on my side to uncomfortable position. i managed to work my way to sitting on the bed with one of my arms underneath my legs beings underneath my leg and then on to the bed post. and then i managed to fall asleep with my head on my knee for a little bit. >> why did they think that was necessary to change of plea you to that? do you know? was it to be punitive or was it because they thought it was for your own safety or that you wouldn't run away? why do you think they did that? >> i think it was for discipline. >> why do you think that? tell me more. >> after they got ahold of me, once i tried to escape, they were not treating me so nicely, you know, physically. and then from there i was
handled roughly. and i was called bad names and and then they chained -- well, not chained me up but they put the handcuffs on me nice and tight and put handcuffed me to the bed. naked in the cold. >> were you ever struck or hit in any way? >> yes. yes, i was. >> tell me. >> i was hit multiple times. i was punched in the stomach a few times. to the point where i couldn't breathe. i was gasping for air. i was struck in the face a bunch of times with open palms, slaps. my jaw, i got slapped on one side of my jaw maybe like 10
names acp,x row and my jaw fell out of place -- not out of place but it moved where something didn't feel right. i was slapped in the forehead a lot. my feet were -- i was forced to be on my knees with my face pushed up against the fence hard up against the fence. my feet were stepped on. >> was this done -- this was done by guards or by other residents? who was hitting you? >> it was done by guards, yes. prison guards. >> and when you say they called you names, like what? >> [foreign language] >> what does that mean, do you know? >> i'm not really sure you but i think it means son of a bitch is what i think. >> did you ever see the warden in that first prison
or anybody who is sort of higher up than the guards you were dealing with to make any effort to stop any of this? >> yes, i seen them. >> and what happened then? >> the ones who were in charge, i don't think they were around when all the hitting was going on. but they were -- i did see them when i was handcuffed to the bed. and i was afraid for my family because i thought, you know, these guys, they it wanted to harm me and they were talking to the -- to the guards and think were going to try to get information from the guards about where my --whereabouts ofy family was. so, i was yelling to the guard me familiar i can't is -- familia is in danger.
they sent the -- over to speak with me because i was worried about my family answered came and spoke with me and i asked if i could make a phone call to my family. he said that i could make one the next day in the morning which they did allow me to do in terms of a phone call you were arrested on march 331st. when were you first able to make a phone call to someone, to your mother? >> i believe they let me make a phone call on the the 1st. >> so the next day? >> yes. the next day. >> >> have you found that the treatment is better since the media spotlight on you? or maybe you don't even know this media spotlight? is there -- i mean, have things changed?ó?a0 >> yes, yes. things have been a lot better. >> >> let's go off-the-record. now, i was a criminal defense lawyer for years. i know the system. if a member of the mexican
military made a wrong turn and accidently ended up in the united states, that foreign national would usually be out on within hours of that arrest and awaiting trial. in the meantime, his defense lawyer could go to the prosecutor, show the video and urge the prosecutor to exercise prosecutorial discretion and throw the case out. now, sergeant tahmooressi's case is that simple. it just needs to be heard and asking for swift justice is not an affront to the mexican people or their laws. he has already languished two months in a dangerous mexican prison. that's too long. plus is he our marine. he put himself on the line for us. two tours in afghanistan. now it's our turn. we owe it to him. if you haven't yet. help get the obama administration's attention and sign the white house petition demanding sergeant tahmooressi's release. to make it easy for you, we just put a link to the petition on gretawire. so go to gretawire. that's my off-the-record comment tonight. and the v.a. scandal exploding by the minute. new calls from both democrats and republicans for president obama to give
this is a fox news alert. growing democrats calling on lawmakers to eric shinseki. grilling lawmakers in an explosive late night hearing. >> waiting lists could be at every v.a. facility in the country; is that correct? >> congress, i don't think they were secret. >> how did you not find them dr. lynch, you were there. >> did i find them congressman. >> how many were on the list. >> pardon? >> you told me you didn't look at this list. >> i told you we didn't document the numbers. >> you saw the list. >> we were aware of the process. >> why didn't you report to the press and mr. shinseki and the president of the united states there were 1100 veterans waiting for care on that list? did you tell anybody before you? you waited 35 days. 5 days that you cared for veterans you said you care about them. they wait on the list languishing. >> in the last five years the office of congressional
legislative authority has. >> ma'am. >> has responded to over 100,000 requests for information. >> ma'am, ma'am, ma'am. veterans died get us the answers, please. >> and joining us our political panel, abc news political director rick klein, the national journal's ron foreign yea and chief political correspondent byron york. rick, how long does secretary shinseki last or does he? >> we are counting hours at this stage rather than days. jay carney from the white house podium was as clear as he can be be in saying that this is a guy who is on borrowed time right now. i'm surprised that he still has a job right now. you have this extraordinary scene where members of congress are flocking to issue statements to get him to resign more than 100, a quarter of them democrats saying that he has lost confidence and he should go or be fired. i think this is just an indication of where the president is headed at. get a report back from shinseki before he makes a move. it can't be long now.
>> ron, i keep hearing people like press secretary carney say we have got to wait for the report. i mean, that is like the last thing i would say because waiting is what sort of got us, you know, forcing these vets to wait. this may be the time to make -- to fire now and ask later. you know, usually i want to be prudent and wait but it's gone way over the line. >> yeah, because we have known about most of these allegations for weeks and months. we're to the point now where words don't matter. pity doesn't heal a wound. anger doesn't fix this bureaucracy. the president needs to fire him six months ago. replace him with a manager who is really competent and sit on that manager and make sure that the problems are fixed and radically overhaul the v.a. as he promised to do almost six years ago, period. >> why doesn't speaker boehner call for he has taken the wait and see. >> that is very unusual. he stayed back from this. i think one of the reasons he is not doing it is a political calculation that he does not want the impression to be given that
shinseki were fired then the problem would be solved. because only then do we get into the bigger problem of how we solve the veterans health problem. and what you are going to see in congress is an immediate fight with democrats saying well, we will make some reforms but the big problem, the root problem is there is just not enough money. and so there will be fighting over whether it's money or reforms that are needed at v.a. >> i hate the political calculus in this. there are vets and they are sick. >> i think there would be 0 members of congress who would be calling for shinseki's head. >> it's terrible. >> but it does get to the broader issue and byron points this out. you get rid of the man at the top. that doesn't change anything with what's going on at the v.a. and how you fix it for better or for worse that's been the president's mind set with a lot of different scandals because this is how you manage. >> the president knew, he talked about this problem before he even nominated shinseki, when he first took
office. this is a problem he should have been on top of from the beginning. we knew this was not going to be an easy fix in congress, you are right. so why do we keep putting it off? why don't we actually reform. >> actions here make sense. >> no, none whatsoever. >> in waiting? >> did he that when to blame congress, too. they need to step up six years ago and start working on this. >> and stop using the word wait for a report because that's the worst thing. gentlemen, thank you. >> thank you. a disturbing video goes viral. a father ordering a father ordering 11-year-old son to
the performance review. a father ordering 11-year-old son to that corporate trial by fire when every slacker gets his due. and yet, there's someone around the office who hasn't had a performance review in a while. someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. father is ordering his own son to repeatedly punch a little boy in the face. >> right now punch him in the face. there you go. do it again. no, no, no.
turn around, do it again. go ahead. go ahead. keep going. [screams] >> get away. >> i'm noting if back there. i will be arrested. >> that video going viral for the latest fox new york reporter lisa joins us. what is the story on this video. >> greta it, came to our attention this week when somebody posted it on our fox 5 new york facebook page. the incident happened two weeks ago in the staten island outside an elementary school after school hours. two 11-year-old boys getting into eight foovment what's most disturbing to almost every adult who has seen this is that the father, instead of trying to break up the kids in the school yard fight actually seems to be provoking his son who at one point looks as if he is away and doesn't really want to fight. there the father is telling him to punch harder, to do it worse. the good thing is that we're told by the department of education that the kids were not injured. there were no injuries as a
result of this. but there are many, many questions. and now we have learned late today that the child welfare officials was called acs here in new york city. they are investigating the home life of this 11-year-old and exactly what is going on there. >> lisa, is there any sort of criminal investigation? i can tell you from my former life when you encourage somebody, you become an aider and abetter when you tell someone to hit somebody. this isn't just a civil matter and obnoxious father doing something very dangerous to it a child not to mention what is he is teaching the children. are the police looking at this? >> yes, greta. we he folk with the police and spoke with the nypd.mhc/5"ás incident. and i have also spoken with criminal defense attorneys and there are charges that could be brought against this father if they decide to take it that far like child endangerment. because clearly these children are in danger. usually what happens in new york is those charges are not brought unless there is a weapon involved. unless there are some sort of serious physical injury. but many people are upset
about seeing. this we heard other voices in the background, too. it's not clear yeffet. >> who it is. >> how many other parents were there as well. >> sometimes they don't have good proof. when you have got it caught on video, it changes things tremendously for prosecutors. anyway, lisa, thank you. >> thank you. >> angelina's big night. >> angelina's big night. 7> angelina's big night. 7
time to speed read your way through the news, another near miss in the skies, alaska airlines jet coming within a quarter of a mile plane over alaska. it's the latest in a string of near misses in the last few weeks. and in hollywood, brad pitt attacked on the red carpet. he was at angeline naps film premier when a prankster jumped the barrier hitting pitt in the face. the man was arrested and pitt escaped with just broken sunglasses. and former president george h.w. bush receiving honorary degree in harvard. president bush, a yale graduate. joining fellow harvard.
former new york city mayor bloomberg and that's tonight's speed read. thank you for being with us tonight. don't forget to use your tvr series reporting sign a petition if you want it goes to the white house. >> tonight on "red eye." >> coming up on "red eye." have they found buck sexton's shaggin wagon. some say it should be sent to the junkyard. how did joe biden describe the disney princess night-light he received? >> it is brand-new and gigantic, gigantic and that is an incredible gift. >> and who makes for a better music, an orangutan on a swroi law phone or -- on a xylophone or sea otters on a keyboard? none of these stories tonight. >> i'm andy levey filling in